Decree No. 259 / 2012 Coll.
Order on details of the performance of the file service
Valid
Order
Effective from 01.08.2012
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259
DECLARATION
of 20 July 2012
on details of the performance of the file service
According to Section 86 of Act No. 499 / 2004 Coll., on archiving and file services and on the amendment of certain laws, as amended by Act No. 190 / 2009 Coll. and Act No. 167 / 2012 Coll., ("the Act '), the Ministry of Interior provides for the implementation of § 9 (2), § 15 (1), § 19 (g), § 64 (2), § 66 (6), § 69a (4) and § 70 (1) of the Act:
Subject matter
This decree sets out the details of the performance of the file service by the public authorities.
Receipt of documents
(1) The public authority accepts the documents received in the box. In the case of a document delivered to a public agent outside the post office and of a document produced by a filing or complaint made orally, which is considered to be a document received, the public agent shall ensure that it is transmitted to the administration or the implementation of the acts provided for in this Decree in connection with the receipt, designation and registration of documents by the competent organisational part of the public authority.
(2) The public authority shall equip the postal office with a device enabling the receipt of data messages (1) delivered to the electronic addresses of the postal office published in accordance with paragraph 3 (c), delivered on the portable technical media of the data published in accordance with paragraph 3 (g), delivered via the data box referred to in paragraph 3 (d), provided that the public authority has established and made available to the public and delivered by other means of electronic communication (2), if the public authority authorises it. Where a public author carries out a file service in electronic form in an electronic file service system, the device enabling the receipt of data messages shall be part of or has an automated link to the electronic file service system; This does not apply to a public producer for which the specific nature of its competence does not allow.
(3) The public authority, with the exception of the public authority, for which the specific nature of its competence does not make it possible, shall publish on its official record and, if it does not establish it, on its website, information on the operation of the Registry and on the conditions for receipt of documents, indicating at least:
(a) an address for the delivery of documents in analogue form, which is at the same time an address for the delivery of documents in digital form delivered on portable technical media;
(b) office hours of the post office;
(c) the electronic address of the post office, which is the e-mail address,
(d) the identifier of the data box, provided that it is established and made available by the public authority, or, where appropriate, the identifiers of other data boxes, where the public authority has established and made available, together with information on the organisational part, agenda or activity of the originator for which the other data boxes are intended;
(e) other means of electronic communication, where permitted by the public authority;
(f) an overview of other data formats of the documents contained in the data report in which the public authority accepts documents in digital form, including their technical and / or other parameters,
(g) an overview of the portable technical data media on which the public authority accepts digital documents, including their technical parameters;
(h) the method of handling data messages for which the occurrence of a malfunctioning data format or computer program has been found capable of causing damage to the information system or to information processed by the public authority (hereinafter referred to as "malicious code");
(i) the consequences of defects in the documents referred to in Article 4 (2) and (3).
(1) The originator shall record the date of service of the document. In the case of a digital document with the exception of a digital document delivered on a portable technical data carrier by a public authority, the time of delivery of the document shall also be recorded with accuracy for seconds.
(2) The public authority shall affix the document delivered in analogue form or, where appropriate, its envelope by means of a post stamp and, where appropriate, by a technological means similar to that used for the post stamp.
(3) The completed imprint of the post stamp or technological means of similar determination to the post stamp shall contain:
(a) the name of the public agent to whom the document was delivered;
(b) the date of service of the document and, where other legislation provides for the obligation to record the time of service of the document, the time of service of the document,
(c) the reference number or the registration number of the separate register of the documents under which the document received is registered by the public authority where the public authority exercises the file service in paper form or a unique identifier where the public authority exercises the file service in electronic form in the electronic file service system;
(d) the number of pages of the document delivered, if it is a paper document; the pages of the annexes to the document received shall not be included in the number of sheets,
(e) the number of annexes to the document in paper form; and
(f) the number of annexes to the document delivered which are not in paper form and a description thereof.
(1) The public authority shall establish whether the document received in analogue form is complete, legible and fulfils the conditions for receipt of documents published by the public authority on its official record or website. The public authority shall establish whether the document received in digital form, including the data message in which it is contained, is complete, can be displayed in a user-sensitive manner, does not contain a malicious code, is in the data format in which the public authority accepts the documents in digital form, is stored on the portable technical medium on which the public authority accepts the documents in digital form, if the document is used by the portable technical medium, and fulfils the conditions for receipt of documents published by the public authority on its official record or website.
(2) If the public authority finds that the document received in analogue form is incomplete, illegible or does not comply with the conditions for receipt of documents published by the public authority on its official record or website and is able to identify the consignor and the contact details of the consignor, it shall inform the consignor of the identified defect of the document and provide for a further procedure for its removal. If the public authority fails to remove the defect of the document delivered in cooperation with its consignor, the public authority does not further process the document. Where the public authority is unable to identify the consignor of the document delivered, which is incomplete, illegible or does not fulfil the conditions for receipt of documents published by the public authority on its official record or website, and the contact details of the consignor shall not be further processed.
(3) The public authority shall act mutatis mutandis in accordance with paragraph 2 if it finds that the document received in digital form, including the data message in which it is contained, is incomplete, cannot be displayed in a user-sensitive manner, contains a malicious code, is not in the data format in which the public authority accepts documents in digital form, is not stored on the portable technical medium on which the public authority accepts documents in digital form, if the document is used by the portable technical medium, or does not meet the conditions for the receipt of documents published by the public authority or website.
(4) The public authority shall establish whether the document delivered in digital form, including the data report in which it is contained, is signed by a recognised electronic signature (26), sealed by a recognised electronic seal (27), marked by a recognised electronic mark (28) or bearing a qualified electronic timestamp (29).
(5) The originator shall verify the validity of:
(a) the recognised electronic signature and the qualified electronic signature certificate on which the recognised electronic signature is based;
(b) recognised electronic seals and a qualified certificate for the electronic seal on which the recognised electronic seal is based;
(c) the recognised electronic brands and the qualified system certificate on which the recognised electronic label is based; and
(d) a qualified electronic time stamp.
(6) Where a public authority carries out a file service in electronic form in an electronic file service system, it shall record the results of the findings referred to in the second sentence of paragraph 1 and paragraph 4 and the result of the verification referred to in paragraph 5 in the electronic file service system. Where a public authority carries out a file service in paper form, it shall record such data in the manner set out in the rules of the file into a document in analogue form resulting from the transfer of the document delivered in digital form to which the findings are made.
(7) The recorded data on the result of the findings referred to in paragraph 4 and the result of the verification referred to in paragraph 5 shall be at least:
(a) the name or business name of the qualified trust service provider or accredited certification service provider;
(b) an indication of the time for which the certificate was issued and, if known, the date and time of its invalidity;
(c) the certificate identification number,
(d) the name or names, if any, and the surname, name or business name signing, marking or sealing persons, or, where applicable, a pseudonym, if used,
(e) an indication of whether it is a qualified electronic signature or a guaranteed electronic signature based on a qualified electronic signature certificate or a qualified electronic seal or a guaranteed electronic seal based on a qualified electronic seal certificate;
(f) the date and time relevant for verifying the validity of the recognised electronic signature or the recognised electronic seal and the certificates on which they are based;
(g) the result, the date and time of the validation of the recognised electronic signature, the recognised electronic seal, the recognised electronic mark, the qualified electronic time stamp and the certificates on which they are based; and
(h) the number of the list of invalidated certificates against which the validity of the certificate has been verified or the manner in which the validity of the certificate has been verified, unless the list of invalidated certificates has been used to verify the validity of the certificate.
(8) Where the public authority is able to ascertain from a digital document, including the data message in which it is contained, the e-mail address of the sender referred to in Article 2 (3) (c), on the basis of the results of the findings referred to in paragraph 1, it shall confirm to the other consignor that the document has been received. The delivery confirmation message shall include at least:
(a) the date and time of receipt of the document, indicating the hour and minute, or, where appropriate, the second; and
(b) the characteristics of the data report in which the document was contained, enabling it to be identified.
(9) Where a public authority authorises the receipt of data messages received by other electronic means of communication and where the nature of another electronic means of communication so permits, the public authority shall, on the basis of the results of the findings referred to in paragraph 1, confirm to the other consignor that the document has been delivered. The last sentence of paragraph 8 concerning the acknowledgement report shall apply mutatis mutandis.
(1) Where the address on the envelope submitted to the public authority indicates the name or surname of the natural person above the name of the public authority, and where appropriate, the surname of the natural person, the public authority shall forward the envelope to the addressee or, where appropriate, to the natural person designated by it, unopened. If the addressee finds, after the envelope has been opened, that it contains a document of an official nature, it shall ensure that it is carried out in accordance with this decree in relation to that document. Where the address on the envelope delivered to the public authority indicates the name and, where applicable, the name of the natural person under or next to the name of the public authority, the public authority shall proceed as if the particulars of the natural person were not on the envelope. Where a digital document has been sent to an e-mail address established by the public authority, which has not been published by the public authority pursuant to Article 2 (3) (c), as an e-mail address, the addressee shall proceed mutatis mutandis in accordance with the second sentence.
(2) The public authority shall keep the cover of the document in analogue form as part of it, provided that:
(a) the document is delivered to the originator in his own hands in accordance with another legislature5;
(b) this is necessary for the determination of when the document was submitted for postal transport or when it was delivered to the public authority by other means;
(c) the particulars referred to therein are relevant for determining the address of the consignor;
(d) be stamped with a post stamp or, where appropriate, with a technological means of identification similar to that of a post stamp or with a unique identifier.
(1) Where a public authority carries out a file service in paper form, it shall transfer the document delivered in digital form by an authorised document conversion (24) or otherwise transfer it in accordance with Paragraph 69a of the Act to an analogue document. The public authority shall affix a post stamp or any other technological means similar to the post stamp to the document in an analogue form resulting from the transfer of the document in digital form.
(2) Where a public authority carries out an electronic file service in an electronic file service system, it shall normally transfer the document delivered in an analogue form by an authorized document conversion or otherwise transfer pursuant to Paragraph 69a of the Act into a digital document.
(3) A public author may destroy a document delivered which has been transferred pursuant to paragraph 1 or 2 without a choice of archives.
(4) A public-law agent to whom a digital document or a digital annex to a document in analogue form in a portable technical medium will ensure that the document or annex is inserted into the electronic file service system, if technically possible.
Labelling of documents
(1) Where a public author carries out a file service in electronic form in an electronic file service system, the unique identifier shall contain at least the designation of the public author and, where applicable, the abbreviation of the public author designation and the numerical or alphanumeric code. The unique identifier shall be inextricably linked to the document it identifies.
(2) Where a public author carries out a paper-based file service, the unique identifier shall be:
(a) the document delivered with a completed stamp, or any other means of technology similar to the stamp to which the document is affixed,
(b) in the case of a document created by a public authority, the reference number or the registration number from the separate records of documents allocated to that document.
(3) The public authority does not identify the digital document delivered by a clear identifier, which has been transferred pursuant to Paragraph 6 (1).
(4) The public authority shall affix a digital document and a digital document drawn up by the public authority to a unique identifier linked to the document by means of an electronic file service system.
(5) The public authority shall, when transferring the document in analogue form to a digital document in accordance with Article 6 (2), when changing the data format of the document in digital form or transferring the document in digital form to an analogue document, with the exception of the transfer in accordance with Article 6 (1), maintain a unique identifier to which the transferred document has been provided, and for the document resulting from the transfer.
(6) Where a public authority carries out a file service in paper form, the marking and registration of documents shall be carried out at the same time.
Document records
(1) The public authority registers documents in the basic registration document. The basic registration document service carried out in electronic form in the electronic file service system is an electronic file service system. A paper-based file service shall be provided as an essential document-keeping document; the supply log shall be kept as a book made up of the document sheets which are bound and numbered, marked by the name of the public authority for which it is kept, the time period in which it is used and the number of all sheets.
(2) Where other legislation10 so provides) or a public authority in the rules of the case, the public authority shall register the documents provided for by another law or the rules of the case in a separate document registration document; documents registered in the separate register of documents of the public authority shall not be registered in the basic registration document. Separate records of documents kept in electronic form shall comply with the requirements laid down by the national standard. A separate register of paper-based documents shall be kept as a book made up of bound and numbered sheets of forms, marked by the name of the public authority for which it is kept, the type of documents registered therein, the time period in which it is used and the number of all sheets.
(3) The public author shall indicate in the file order the records used pursuant to paragraphs 1 and 2, broken down by their form into paper-based and electronic-based documents.
(4) The public authority shall ensure that evidence is provided against the theft, loss, alteration, unauthorised or accidental access, destruction or unauthorised processing of data, as well as any other misuse.
(5) The public authority shall carry out the registration in the registration document in a clear and clear manner and in the document-based document-based document-keeping document, as well as in a legible and way guaranteeing the durability of the registration. Where the registration document is kept in paper form, the authentic instrument shall tick the incorrect entry in a manner which ensures the legibility of the entry even after the reduction has been made and, if necessary, complete it by the correct entry; in the case of a correction by a public authority, the indication of the date of the correction, the name or, where applicable, the names, surname and signature of the natural person who made the correction.
(1) Where the document is registered by a public authority in one registration document and then registered in another registration document, the public authority shall end the original registration record by means of a note on the re-registration of the document, including a new reference number of the document from the separate document registration.
(2) If the document is lost or destroyed in analogue form, irreversible damage or destruction of the document in digital form, or if the document cannot be displayed in digital form in a user-sensitive manner, the public authority shall note that fact in the evidence document including the reference document number or the document registration number from the separate evidence document to which the loss, damage or destruction has been addressed.
(3) Documents which are not of an official nature are not subject to registration.
(1) The public authority shall keep at least the following information on the document in the logbook:
(a) the serial number of the document under which it is registered in the logbook,
(b) the date of service of the document to the public authority and, where another law provides for the obligation to record the time of service of the document, the time of service of the document, or the date of creation of the document by the public authority; the date of creation of the document by the public authority means the date of its registration in the logbook,
(c) the details of the consignor to the extent specified for keeping the data of the consignor of the document in the name register; if it is a document created by a public authority, the word "Custom 'shall be indicated;
(d) identification of the document from the records of the documents of the consignor, if the document is marked to it;
(e) brief content of the document;
(f) an indication of the organisational part of the public-law originator assigned to the document or created by the document; where a natural person is designated by a public authority to process or create a document, the public authority shall at the same time indicate its name and, where applicable, its names and surnames;
(g) identification of the addressee and the date of dispatch; and
(h) the file character and the shredding regime resulting from the assigned shredder, the shredding period, or, where appropriate, the year of inclusion of the document in the shredding procedure and any other fact which the public authority determines as a trigger event.
(2) The public authority shall keep the document in the electronic file service system the serial number of the document under which it is registered in the electronic file service system, the information provided for in points (b) to (e) of paragraph 1, and at least the following:
(a) a unique identifier;
(b) whether it is a digital document or an analogue document;
(c) an indication of whether the document was included in the selection of archives and whether the document was selected as archival;
(d) an identifier which has been assigned to a document which has been selected as archival material by the National Archive or digital archive;
(e) the serial number of the document in the file,
(f) the name of the addressee;
(g) the date of dispatch; and
(h) the number of components; a component means an indivisible part of a document which is in digital form, the document which is in digital form being made up of at least one component.
(3) The authentic instrument shall keep a document in a separate register of documents kept in paper form at least the particulars provided for in paragraph 1 (b), (c), (e) and (h). The originator shall keep a document in a separate register of documents kept in electronic form at least the particulars set out in points (b), (c), (e) and (h) of paragraph 1 and in points (a) of paragraph 2. Where a document is not included in the file by a public authority, it shall also keep the date of its execution on the document in a separate file kept in electronic form.
(4) The serial numbers in the basic recording aid form a numerical series starting with number 1 and consisting of whole positive numbers continuously consecutive. The numerical series shall be kept from the first calendar day of the period laid down by the public authority for the management of the numerical series (hereinafter referred to as the "specified time period ') before the start of the specified period.
(5) In the public-law journal, after the end of the specified period, empty lines shall be crossed out by the last entry at the end of the page and supplemented by a record of the date of execution of the last entry and the last serial number used in the journal; the entry shall be entered in the form "Completed on..... by order number..... '; In addition, the public authority shall ensure that the name and / or the names, surnames and signature of the natural person in charge of the record-keeping log are affixed.
Reference and registration number of separate document records
(1) The public authority shall assign the reference number to the document registered in the basic registration document.
(2) The reference number shall include the indication or abbreviation of the designation of the public author, the serial number of the entry of the document in the basic registration document and the designation of the designated time period, which shall, as a general rule, be the calendar year, or, where appropriate, the indication or abbreviation of the designation of the organisational part of the public author or other characteristics characterising the facts relating to the document. The reference number may also be derived from the file tag, indicating the serial number of the document in the file or the document sheet number in the file.
(3) The public authority shall assign a document registered in the separate register of documents a registration number from the separate register of documents. The registration number from the separate document records shall meet at least the conditions laid down for the unique identifier.
File
(1) The public authority shall include a document registered in the basic registration document at the latest before the start of processing on the file. The first sentence shall not apply in the case of a public-law author whose specific nature of competence allows the performance of file services in electronic form in electronic file service systems pursuant to Article 63 (4) of the Act.
(2) The public authority shall include the files in:
(a) groups in kind; or
(b) type file; the internal structure of the type file consists of the component of the type file established by the public authority and of the component of the type file made up according to the time period laid down by the public authority.
(3) The public authority shall assign a file character and a shredder regime to the relevant group or component of the type file in accordance with the file and the shredder plan when it is established. Where a public authority reclassifies a file into another material group or component of a type file, the file and all documents included in the file shall be assigned a file character and a shredding regime for that class or component of the type file.
(4) The public author shall assign the document a file character and a shredder scheme to the file in which it is included. If the public authority transposes the document into another file, it shall assign the file character and the shredding regime of the other file to the document.
(5) The public authority shall affix the documents in the analogue form contained in the file to a common packaging containing at least:
(a) the brief content of the file;
(b) the file number,
(c) the file character,
(d) shredding mode; and
(e) the file identifier in the case of the performance of the file service in electronic form; the file identifier shall be readable by a technical means for automated data collection.
(6) The public authority shall keep, in the electronic file service system or in a separate register of documents kept in electronic form, information on the file at least:
(a) an identifier which is unique within the electronic file service system or separate document records;
(b) concise content,
(c) the file number,
(d) the date of establishment;
(e) the date of completion;
(f) the date of closure;
(g) the file character;
(h) shredding mode;
(i) whether the file contains the documents in analogue form and their physical location;
(j) information on whether the file was included in the selection of archives and whether the file was selected as archival; and
(k) the identifier assigned by the National Archive or the digital archive to the file selected as archival.
(7) The public authority shall record the details of the processing and closure of the file in the document.
(8) The public author shall indicate the method of drawing up the file mark and the structure of the file mark in the file order.
Distribution and circulation of documents
(1) A division of documents between the organisational parts of the public-law author and, where appropriate, the natural persons to be dealt with shall be carried out; in the case of the performance of the file service in paper form, carry out the division of the documents after their registration. The public authority shall determine the manner in which the documents received are to be distributed in the rules of procedure.
(2) The public authority shall ensure the circulation of documents and files in such a way as to enable all acts of documents and files to be monitored, identify the natural persons or technical means which have been carried out by the action and determine the date on which the acts have been carried out.
Processing of documents and files
(1) The public authority shall ensure that a document or, where appropriate, a file authorized by it is handled by a natural person or, if the nature of the case so permits, by automated means.
(2) The public authority shall deal with the document or, where appropriate, the file:
(a) a document;
(b) transfers,
(c) taking note,
(d) an entry on a document or into its metadata;
(e) other means laid down by the public authority in the rules of procedure.
Details of the processing and structure of the file and shredding plan
(1) According to the factual characteristics of the documents and files processed, the public authority shall determine the individual groups of matters and, where it uses type files, also those for type files and the components of type files contained therein. The public authority shall organise the material groups hierarchically, so that the material groups at the lowest level of the hierarchy include files or type files; the public authority may organise hierarchically and parts of the type file. Where a public author does not include documents registered in a separate register of documents in files or type files, he shall include the documents in the material group at the lowest level of the hierarchy. The public author shall identify the material groups and components of the type file with a file character and shall indicate the shredding regime for the material groups and components of the type file listed at the lowest level of the hierarchy.
(2) The public author shall indicate the material group or component of the type file containing the files of the expected permanent value, which shall be included with the design to be selected for archival, by the shredder "A '(archive). The public author shall indicate the material group or component of the type file containing the files without the expected permanent value to be included in the archive selection with the design for destruction by the" S' (rise) shredder.
(3) The shredding period is expressed by the number followed by the shredder. The public authority shall specify in the file and shredder plan the trigger event, which shall be the relevant moment for the start of the shredding period. The scoring period shall be determined by the number of whole years calculated from 1 January of the calendar year following the calendar year in which the trigger occurred.
(4) A public-law author who carries out a file service in electronic form in an electronic file service system is processing a file and shredding plan in electronic form in a structure designed for sending according to the XML scheme for export and import of a file and shredding plan set by the national standard.
Preparation of documents
(1) The document drawn up by the public authority and intended for dispatch shall contain an indication of the originator, which shall normally constitute the name or business name and address of the registered office or other address of the public authority.
(2) The originator shall also indicate on the document which he has drawn up for dispatch at least:
(a) the reference number or the registration number from the separate document records assigned to the document and the file number, unless the reference number is derived from the file tag;
(b) the identification of the document from the records of the documents of the consignor, if the document drawn up is a reply to the document received, and if this information is provided in the document received,
(c) the date of signature of the document or the date on which the document was dealt with automatically; and
(d) the name and, where appropriate, the name, surname and function of the natural person responsible for signing it; Where other legislation12 so provides, the indication of the function of the natural person responsible for signing the document may be replaced by his service number.
(3) As a general rule, the authentic instrument shall retain the original of the document drawn up for the performance of the file service and, where appropriate, one of the original copies of the document drawn up. The authentic instrument shall draw up the document in accordance with the first sentence in the form in which it carries out the file service, unless the nature of the document excludes such copy. The original document shall be the original document recording the will of the person who is certified by his or her handwritten signature or similar authentication element provided for by another legislation13). The same text is one of the same multiplication copies of the document bearing the same authentication elements with this document; the equivalent multiplication of a document in analogue form shall also be considered to be the literal equivalent of a document in digital form and vice versa if the authentication elements are attached by the same person; The second copy shall also be considered to be a copy, provided that other legislation14 so provides. A duplicate is a document derived from an original with which it is identical in substance, but the expression of the will of the person in the duplicate is not certified by the signature of that person, but by the signature of that person by hand or by a similar authentication element of a person provided for by another legislature15) or, where appropriate, by a special authentication instrument provided for by another legislature16).
(4) A copy of the original of this document, or a duplicate, or a copy of that document, shall normally be sent to the addressee of the document drawn up.
Signature of documents and use of official stamps
(1) The public authority shall designate the natural persons authorised to sign documents drawn up by it, the natural persons authorised to use the official stamp (17) and the technical means of creating electronic seals. The public authority shall lay down the conditions for signing the documents sent by it in an analogous form in the rules of procedure.
(2) The agent of public law shall keep a record of the official stamps containing the stamp, indicating the name and, where appropriate, the name, surname and function of the natural person who has accepted and used the official stamp, the date of receipt, the signature of the natural person taking over, the date of return of the official stamp, the date of withdrawal of the official stamp from the register; in the event of loss of an official stamp, the public agent shall also keep a record of the loss containing the date of loss and, where appropriate, the estimated date of loss of the official stamp.
(3) The public authority shall notify the loss of the official stamp to the Ministry of the Interior. The notification shall indicate the date from which the stamp is missing, the size and the description of the stamp. The Ministry of the Interior shall keep and publish on its website a list of the lost official stamps containing details of the lost official stamps indicated in the notifications.
Sending documents
(1) The public authority shall send the documents via the dispatch office, which shall affix the document to the particulars necessary for its dispatch.
(2) The public authority shall equip the dispatch centre with a device enabling the sending of data messages from the electronic addresses of the mailroom published in accordance with Article 2 (3) (c), the sending of data messages by means of the data box referred to in Article 2 (3) (d), where the public authority has established and made available, and the sending of data messages by other means of electronic communication, if the public authority allows them.
(3) Where a public author carries out a file service in electronic form in an electronic file service system, the device enabling the sending of data messages shall be part of or has an automated link to the electronic file service system; This does not apply to a public producer for which the specific nature of its competence does not allow.
Saving documents and files
(1) The public-law author imposes closed files and completed documents on the basis of material groups and file characters as specified in the file and shredding plan in the Registry. The public author shall specify in the rules of procedure the details of the document storage procedure.
(2) Before the closure of the file, the public authority shall check whether the completed file is complete, whether the compulsory particulars are included in the registration document and whether the conditions for the closure of the file are complied with. The public authority shall also check whether the packaging of documents and files in analogue form ensures that they are inviolable and legible.
(3) The author shall keep a register in the Registry of documents and files containing in particular their concise content (subject matter, case), an indication of the relevant file and shredder plan, file characters, shredding regime and an indication of the physical location of the analogue parts of the files. Where a public authority carries out a file service in electronic form in an electronic file service system, the records of the documents and files stored shall be part of it.
(4) The Registry keeps a register of lending and consultation of documents and files. Where a public authority carries out a file service in electronic form in an electronic file service system, it shall keep a register in that system. The public authority shall establish a procedure for the lending and consultation of documents and files and details of the keeping of records in the register.
Procedure for shredding
(1) The public authority shall include in the shredding proceedings documents and files which have expired. The public agent shall also include in the shredding procedure the official stamps excluded from the register.
(2) The public authority shall include in the shredder proceedings documents and files containing classified information19) which have been marked with the "S" shredder, without cancelling the classification level; where, for the purposes of assessing documents and files in the framework of the shredding procedure, it is necessary to familiarise themselves with their content and to select them, the relevant security archive is not authorised, the public authority shall exclude those documents from the shredding procedure, amend the shredding period for them and include them in the shredding procedure after the withdrawal of the classification level and the absence of grounds for confidentiality of information. The public authority shall not include in the shredder's proceedings documents and files containing classified information which have been marked with the "A 'shredder for which the classification level cannot be deleted, for the duration of the grounds of confidentiality, unless the relevant security archive is authorised to choose them.
(3) The public authority provides for the arrangements for the preparation and conduct of the shredding procedure in the rules of procedure. The preparation of the shredding procedure shall always involve the natural person responsible to the public authority for carrying out the shredding procedure or, where appropriate, the natural person responsible for managing the file or the administrative archive. Where a public authority places in the shredder proceedings documents and files containing classified information which cannot be revoked, its preparation and conduct shall only be attended by natural persons who fulfil the conditions of access to classified information for the classification level which have documents with the highest classification level in the shredder proceedings.
(4) As a general rule, the public authority shall draw up a list of documents to be assessed in the shredding procedure from the records of documents kept in paper form. In the list of documents and files which it organises according to the file characteristics, the public author shall separately list documents and files with the shredder "A 'and documents and files with the shredder" S'. In addition, the list of public authorities shall indicate in particular the overall scope of the documents and files listed, the characteristics of the contents of the documents and files, the period from which they originate (range of years), their shredder regime and the reference to the marking of their storage in the shredder proceedings.
(5) The public authority shall draw up a list of documents and files to be assessed in the shredding procedure from the electronic file system or from the separate file records kept in electronic form. This list is based on the XML scheme to create the SIP data package set by the national standard and contains metadata according to the XML scheme for recording descriptive metadata within the SIP data package set by the national standard.
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Regulation Information
| Citation | Decree No. 259 / 2012 Coll., on details of the performance of the file service |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.07.2012 |
|---|---|
| Effective from | 01.08.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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